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(영문) 대구지방법원서부지원 2017.05.31 2016가단3939
공사대금
Text

1. The Defendant’s KRW 782,550 as well as the Plaintiff’s annual rate from January 30, 2016 to May 31, 2017.

Reasons

1. On October 20, 2015, the Plaintiff entered into a contract with the Defendant to newly construct a warehouse (hereinafter “instant warehouse”) at KRW 32.2 million in the construction cost. Accordingly, the Plaintiff constructed the instant warehouse and the Defendant paid the Plaintiff KRW 29 million in total six times from October 21, 2015 to December 26, 2015, either there is no dispute between the parties, or the Plaintiff’s payment of KRW 29 million in total, out of the construction cost is not made between the parties, or the Plaintiff’s payment of KRW 1 to 22 million in each description or image of the evidence (including each number; hereinafter the same shall apply) as stated in subparagraphs 1 through 22 and all pleadings.

According to the above facts, the defendant is obligated to pay the remaining construction cost of 3.2 million won (=32.2 million won-29 million won) and damages for delay, unless there are special circumstances to the plaintiff.

(A) The Plaintiff initially asserted that the construction amount of the instant warehouse was agreed upon as KRW 80 million, but on October 12, 2016, the actual agreed construction amount of KRW 322,200,000,000 was recognized as the date of the third pleading of the instant warehouse. In addition, the Plaintiff asserted that as the father of the Defendant, the Plaintiff, who was the father of the Defendant, agreed to pay the additional KRW 1.8 million as the excellent and sewage-related construction cost, the Plaintiff’s statement in this court alone is insufficient to acknowledge the agreement by the witness D, and there is no other evidence to acknowledge the existence of the agreement otherwise asserted by the Plaintiff. Therefore, the Plaintiff’s above assertion is rejected.

2. Judgment on the defendant's assertion

A. The summary of the argument is KRW 3.2 million for the remainder construction work to be paid by the Defendant, ① KRW 597,450 for the damages due to the Plaintiff’s assault against D, ② KRW 500,000 for the damages due to the Plaintiff’s interference with the Plaintiff’s business against the Defendant, ③ KRW 13.20,000 for the repair of defects due to the toilet water leakage and the creative container work, ④ the use of used and finished wire materials.

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